Kohanim and Air Travel: Problems and Solutions

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The convenience of modern travel has brought the whole world to our doorstep. The adage “no place more than a day away” is quite literally true. Whether for business or pleasure, we find ourselves traveling more than ever before.

As with all phases of Jewish life, travel has touched upon the halachah. Discussions range from such comparatively simple questions as saying Tefilas Haderech on an airplane, to the more complex questions of travel to the Far East, i.e. crossing the international dateline as regarding Shabbos and yom tov.

Some of the more frequent and complicated halachic questions that arise, particularly in air travel, are those that affect only a relatively small number of Orthodox Jews: the Kohanim. This is the problem of Tumas Mes (defilement of a dead body). The Torah¹ forbids any Kohen from becoming Tameh (ritually defiled) through contact with a dead person, whether it be by touching, carrying or covering a corpse.² By definition, “covering” includes being in the same room, corridor, or building that is in contact with a dead person.

The original problem pertaining to Kohanim and air travel was the very permissibility of a Kohen to travel by air, since the plane would perhaps be flying over a cemetery.³ After widespread acceptance of the halachic ruling that Kohanim may indeed travel by air, all problems seemed apparently solved. However, with the advancement of the more modern and speedy aircraft, and with the improvement of the Jewish economic condition, more and more families are sending the bodies of dear departed ones for burial in Eretz Yisrael. Therefore, the Kohen’s ability to travel there is limited, and the complex aspects of this halachah must be defined.

Although if a corpse is in another room or building, in most cases there is no Tumah,⁴ in the case of an airplane and its cargo hold, the halachah would be different. The basic reason here is that the aircraft is made of metal which is mekabel tumah (capable of becoming Tameh). Anything that can become Tameh cannot act as a barrier to Tumah.⁵

Although some halachic authorities do permit travel under these conditions,⁶ the majority rule that a Kohen may not travel in an aircraft that has a Jewish corpse in its cargo hold. The Gaon Rav Moshe Feinstein, zt”l, did write a responsa⁷ attempting to permit a Kohen to travel by air with a corpse on board, but only if the body of the aircraft were made of metals or metal alloys not mentioned in the Torah (gold, silver, copper, iron [steel], tin and lead).⁸ This would therefore exclude some aircraft which do contain admixtures of some of these metals.

Information as to whether a particular flight is carrying a body is not readily forthcoming. The airlines are not always willing to reveal the contents of the cargo hold, owing to the sensitivity of the subject. Nor will they always know until the last hour before the flight. Therefore, a question of ne’emonus arises. Travel agents must depend on what the airlines tell them. This problem is, then, a real one.

A frequent remedy to this dilemma is to travel to Israel via Europe. Due to the stopover and change of aircraft, it was correctly assumed that a corpse would not be shipped in this manner, but rather directly to its destination. Presently, a flaw has developed here as well. Since the Jewish kehillos have grown in some areas of Europe, they also ship bodies to the Holy Land, and although a U.S. passenger may have avoided the problems in America, he may have to deal with it in Europe all over again.

Having spoken to some of our contacts in Europe, I have learned that the best stopovers there, en route to Eretz Yisrael, would be via Brussels or the Scandinavian countries, since it would be very unusual to find a shipment of bodies from these areas. Returning from Israel can obviously be by direct flight, since one will not find bodies being shipped from Israel.

More recently, El Al Airlines has adopted a halachic ruling,⁹ that if the coffin is enclosed in a plastic container which lines a 4″ space between the container and the coffin, a Kohen is permitted to travel in the same aircraft. However, not all flights use this system and even those that do may not necessarily use it in flights from all points. An inquiry must be made by the individual wishing to fly as to when and where such a system is applicable.

Tower Airlines has elected not to carry bodies at all. This status should be confirmed before the flight.

Due to the apparent changes that continue to occur in this field, it is obviously something that we will have to monitor from time to time in order to keep up with the latest information.

For a decision as to which option is best, consult a competent halachic authority.

Notes

1. Vayikra 21:1–4.

2. Sifra (Toras Kohanim) Emor 8, chapter 2, halachah 4; Rambam, Laws of Tumah, Rosh ibid. #9; Tur Yoreh Deah #371; Shulchan Aruch, ibid. #369A and 371A.

3. See Kochvei Yitzchak by Hagaon Y. Sternhell, zt”l, Vol. 1, #20B, who lists the majority of poskim who permit air travel for a Kohen regarding this question. See also Responsa Bais Avi by Rabbi Y. Liebes, shlit”a, Vol. 1, Yoreh Deah #95, who questions air travel by night (when the halachah is different).

4. If the rooms are completely closed, i.e. no opening the size of a tefach cubed is present. The laws of what constitutes Tumah are very complex, and in any case an inquiry should be made with a competent Rabbi.

5. Shulchan Aruch Yoreh Deah #371A in Rema.

6. See Shaalos U’teshuvos Eretz Tzvi, #93. See also Chazon Ish Yoreh Deah #211:8.

7. Igros Moshe Yoreh Deah, Vol. 2, #124. See also Responsa of the Gaon Rabbi Y. Kaminetzky, zt”l, printed at the end of the sefer Tvilas Keilim.

8. Bamidbar 31:32.

9. Responsa of Hagaon Rav L. Halperin, Dean of the Institute of Science and Halachah, Jerusalem. See also Teshuvos Minchas Shlomo from Hagaon Rav S.Z. Auerbach, #72, who differs.

At the time of this writing, Rabbi Chaim Chemoff was an Administrative Rabbinic Coordinator o f the Kashrut Department of the Orthodox Union.

This article was featured in the Summer 1989 issue of Jewish Action.

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